Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
11 Texas opinions name it 2 courts 1994–2010 0 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sorokolit v. Rhodesgreen2 sentences1998The court concluded that although article 4590i “does preclude DTPA suits founded on a breach of the accepted standard of medical *752 care,” it “does not preclude suits under the DTPA for knowing misrepresentation or breach of express warranty in cases in which a physician or health care provider warrants a particular result.” Id. at 243 . 1994Despite contrary evidence of the legislature's general and specific purposes, the court concludes "that section 12.01(a) only precludes a DTPA suit against a physician for negligence—that is, a suit founded on a breach of the accepted standard of medical care." 889 S.W.2d at 242 . | 5 | 10 |
Savage v. Psychiatric Institute of Bedford, Inc.green1 sentence2002Gormley , 907 S.W.2d at 450 ; Hart , 16 S.W.3d at 877-78 (assertion of fraud and breach of fiduciary duty stemming from alleged non-disclosure of status of emergency room physicians were "simply . . . claim[s] resulting from a breach of the accepted standard of care," and as such were health care liability claims subject to the Act); Savage v. Psychiatric Inst. , 965 S.W.2d 745, 751 (Tex. App.-Fort Worth 1998, pet. denied) (alleged fraud claim was really health care liability claim because it arose from care received at medical facility). | 1 | 1 |
Hart v. Wrightgreen1 sentence2002Gormley , 907 S.W.2d at 450 ; Hart , 16 S.W.3d at 877-78 (assertion of fraud and breach of fiduciary duty stemming from alleged non-disclosure of status of emergency room physicians were "simply . . . claim[s] resulting from a breach of the accepted standard of care," and as such were health care liability claims subject to the Act); Savage v. Psychiatric Inst. , 965 S.W.2d 745, 751 (Tex. App.-Fort Worth 1998, pet. denied) (alleged fraud claim was really health care liability claim because it arose from care received at medical facility). | 1 | 1 |
Monsanto Co. v. Cornerstones Municipal Utility Districtgreen2 sentences1994ANN. art. 4590i, § 1.03(b) (Vernon Supp.1994) (requiring that any legal term not defined in the statute be given its common law mean ing); Monsanto, 865 S.W.2d at 939-940 (using the common law to determine the ordinary meaning of an undefined term), treating it as a breach of the accepted standard of medical care that proximately causes damages. 1994ANN. art. 4590i, § 1.03(b) (Vernon Supp.1994) (requiring that any legal term not defined in the statute be given its common law meaning); *242 Monsanto, 865 S.W.2d at 939-940 (using the common law to determine the ordinary meaning of an undefined term), treating it as a breach of the accepted standard of medical care that proximately causes damages. | 1 | 1 |
Chapman v. Paul R. Wilson, Jr., D.D.S., Inc.green2 sentences1994See, e.g., Peterson v. Shields, 652 S.W.2d 929, 930 (Tex.1983); Hood v. Phillips, 554 S.W.2d 160, 164-66 (Tex.1977); Chapman v. Wilson, 826 S.W.2d 214, 219 (Tex.App. — Austin 1992, writ denied). 1994See, e.g., Peterson v. Shields, 652 S.W.2d 929, 930 (Tex.1983); Hood v. Phillips, 554 S.W.2d 160, 164-66 (Tex.1977); Chapman v. Wilson, 826 S.W.2d 214, 219 (Tex. App.—Austin 1992, writ denied). | 1 | 1 |
Peterson v. Shieldsgreen2 sentences1994See, e.g., Peterson v. Shields, 652 S.W.2d 929, 930 (Tex.1983); Hood v. Phillips, 554 S.W.2d 160, 164-66 (Tex.1977); Chapman v. Wilson, 826 S.W.2d 214, 219 (Tex.App. — Austin 1992, writ denied). 1994See, e.g., Peterson v. Shields, 652 S.W.2d 929, 930 (Tex.1983); Hood v. Phillips, 554 S.W.2d 160, 164-66 (Tex.1977); Chapman v. Wilson, 826 S.W.2d 214, 219 (Tex. App.—Austin 1992, writ denied). | 1 | 1 |
Hood v. Phillipsgreen2 sentences1994See, e.g., Peterson v. Shields, 652 S.W.2d 929, 930 (Tex.1983); Hood v. Phillips, 554 S.W.2d 160, 164-66 (Tex.1977); Chapman v. Wilson, 826 S.W.2d 214, 219 (Tex.App. — Austin 1992, writ denied). 1994See, e.g., Peterson v. Shields, 652 S.W.2d 929, 930 (Tex.1983); Hood v. Phillips, 554 S.W.2d 160, 164-66 (Tex.1977); Chapman v. Wilson, 826 S.W.2d 214, 219 (Tex. App.—Austin 1992, writ denied). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gormley v. Stover
green
2 sentences2010Gormley, 907 S.W.2d at 450 ; Sorokolit, 889 S.W.2d at 242 . 2002Gormley , 907 S.W.2d at 450 ; Hart , 16 S.W.3d at 877-78 (assertion of fraud and breach of fiduciary duty stemming from alleged non-disclosure of status of emergency room physicians were "simply . . . claim[s] resulting from a breach of the accepted standard of care," and as such were health care liability claims subject to the Act); Savage v. Psychiatric Inst. , 965 S.W.2d 745, 751 (Tex. App.-Fort Worth 1998, pet. denied) (alleged fraud claim was really health care liability claim because it arose from care received at medical facility). | 2 | 2002–2010 |
Government Personnel Mutual Life Insurance v. Wear
green
2 sentences1994Id. at 528-529 . 4 Accordingly, we conclude that section 12.01(a) only precludes a DTPA suit against a physician for negligence — that is, a suit founded on a breach of the accepted standard of medical care. 1994Id. at 528-529 . [4] Accordingly, we conclude that section 12.01(a) only precludes a DTPA suit against a physician for negligence —that is, a suit founded on a breach of the accepted standard of medical care. | 1 | 1994–1994 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.